Jajala Mallesh, v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.5082 of 2026 DATE: 21.04.2026 BETWEEN:
Jajala Mallesh and two others ..... Petitioners/Accused Nos.1 to 3 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, At Hyderabad ..... Respondent
ORDER
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioners, who is arrayed as accused Nos.1 to 3 in Crime No.109 of 2026 before the Kalwakurthy Police Station, Nagarkurnool District, registered for the offences punishable under Sections 108, 115(2), 351(2) and 352 read with 3(5) of BNS.
2.
The brief facts of the case are that, the de-facto complainant, on 25.03.2026, lodged a report before the Police stating that she married the deceased about four years prior to the incident and they were blessed with two children. It is alleged that the complainant's brother, namely Kadari Mallesh, eloped with one Jajala Lakshmi on 20.03.2026 and that the petitioners, who are relatives of the said Jajala Lakshmi, along with others, came to the house of the complainant on 21.03.2026 at about 10:00 a.m. and questioned them regarding the whereabouts of the girl. The petitioners again visited the house of the complainant on 22.03.
2026 at midnight and questioned them about whereabouts of the girl, during which A-2 allegedly slapped the father of the complainant and all the petitioners threatened to kill the deceased if he did not disclose the whereabouts of the girl. Unable to bear the said threats, the deceased committed suicide by hanging himself in his cattle shed on 25.03.2026. Hence, requested the police to take necessary action. Based on this report, the police registered a case against the accused for the above-mentioned offences.
3.
Heard Sri C. Sharan Reddy, learned counsel appearing on behalf of the petitioners, and Sri M. Ramachandra Reddy, learned
Additional Public Prosecutor appearing on behalf of respondent-State.
4.
Learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the present case and that A-1 had earlier lodged a complaint against the brother of the complainant alleging that the minor sister of A-1, namely Jajala Lakshmi, was kidnapped by him on the said date and that she has not been traced till date. He further submitted that the petitioners are, in fact, victims of the said incident and had no grievance against the deceased nor any role in his death, and the allegation that the petitioners threatened the deceased on 22.03.2026, leading to his suicide on 25.03.2026, is highly improbable and that, even according to the averments in the complaint, there are no ingredients to constitute an offence punishable under Section 108 of BNS, as there is no abetment on the part of the petitioners to commit suicide. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing the criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners, contending that the allegations against the petitioners are grave and serious in nature and that it was only due to the
harassment caused by the petitioners that the deceased committed suicide. He further submitted that the investigation is still pending and, therefore, granting pre-arrest bail to the petitioners, at this stage, does not arise and prayed the Court to dismiss the criminal petition.
6.
In light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the allegation against the petitioners is that they threatened to kill the deceased if he did not disclose the whereabouts of the missing girl, and that, unable to bear the said threats, the deceased committed suicide by hanging himself in his cattle shed. However, there are no specific averments in the complaint constituting the essential ingredients of the offence punishable under Section 108 of BNS. Considering the overall facts and circumstances of the case, this Court deems it appropriate to grant pre-arrest bail to the petitioners, subject to the following conditions:
i.
The petitioners shall surrender before the Station House Officer, Kalwakurthy Police Station, Nagarkurnool District within two weeks from today, and on such surrender, the said Court shall release him on bail on executing a personal bond for Rs.25,000/- each with two sureties, for the like sum each.
ii.
The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with Investigating Officer in investigating the case.
iii.
The petitioners shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m. for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 21.04.2026 SS
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.5082 of 2026 Date: 21.04.2026 SS